@ @ STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, =) 717 PL PETITIONER, vo CASE NO.: 2004-17842 GEORGE A. GANT, RESPONDENT. ee | ADMINISTRATIVE COMPLAINT. COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, George A. Gant, M.D., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes, and Chapters 456 and 458, Florida Statutes. 2. At all times material to this Complaint, Respondent was licensed to practice medicine within the State of Florida pursuant to — Chapter 458, Florida Statutes, having been issued license number ME 8359, on December 31, 1973. JAPSU\Medical\April Skilling\BOM Administrative Complaints\Gant(2)(MD)458.33 1(j).doc 1 3. Respondent's last known address of record is 1875 Boggy Creek Road, Kissimmee, Florida 34744-5801. 4. Respondent is certified as a family practitioner by the American Board of Family Practice. 5. Respondent worked for the Osceola County Health Department (“OCHD”), in Osceola County, Florida, for over 20 years and has been the Medical Director of OCHD since 1985. 6. OCHD is primarily responsible for providing medical care for the medically indigent population of Osceola County. The majority of patients who utilize OCHD are indigent or have no health insurance. 7. OCHD also provides medical care for the incarcerated population of the Osceola County Jail in Osceola County. ) 8. In April 2004, the Department of Health (‘DOH”) received information from an April 16, 2004, newspaper article that the Florida | Department of Law Enforcement (“FDLE”) was conducting an investigation into allegations that Respondent had touched one or more patients inappropriately during pelvic and breast examinations. 9. These allegations were also the subject of a television news report in April 2004. JAPSU\Medical\April Skilling\BOM Administrative Complaints\Gant(2)(MD)458.33 1(j).doc 2 10. | Subsequent to the newspaper and television reports, several other patients indicated to FDLE or DOH that they, too, had been fondled or groped by Respondent during pelvic examinations and breast examinations. 11. DOH conducted an investigation into Respondent's alleged behavior. GENERAL ALLEGATIONS 12. Carmen Collins started working as a medical assistant for the OCHD in approximately 1990. As part of her duties, Ms. Collins would assist Respondent and other doctors while they conducted pelvic examinations. . 13. | When she began to work at OCHD, Ms. Collins immediately noticed that Respondent's pelvic exams were different from other doctors. 14. Ms. Collins noted that the pelvic examinations conducted by Respondent took longer than those performed by other doctors. In “addition, if the patient’ was beautiful, of | Mexican descent, or was an inmate, the exams would be even longer. 15. Ms. Collins witnessed a pelvic examination performed by Respondent in the St. Cloud office of OCHD and saw Respondent rub the JAPSU\Medical\April Skilling\BOM Administrative Complaints\Gant(2)(MD)458.331(j).doc 3 patient’s clitoris while telling the patient to say something if it hurt her. 16. On at least one occasion, Ms. Collins observed that Respondent had an erection during a pelvic examination. At that time, Respondent sat down, crossed his legs and waited for the erection to pass before he stood up and left the room. FACTS RELATED TO PATIENT P.H. 17. In approximately November or December, 1978, Patient P.H., a then 29 year-old female, presented to OCHD for prenatal medical ‘treatment. 18. Respondent conducted a prenatal pelvic examination and breast examination on Patient P:H. 19. During the pelvic examination, Respondent manipulated Patient P.H.'s clitoris with his fingers or thumb in a sexual manner. 20. In addition, Respondent moved his fingers in and out of Patient P.H.’s vagina as if performing digital intercourse. 21. Respondent did not wear gloves during the pelvic examination, and he scratched the inside of Patient P.H.’s vagina with his fingernail. 22. While engaged in these acts, Respondent’s eyes were closed, and he grunted. JAPSU\Medical\April Skilling\BOM Administrative Complaints\Gant(2)(MD)458.33 1@).doc 4 23. Throughout the examination of Patient P.H., no female monitor was present, and Respondent did not offer to have one present. COUNT ONE 24. Petitioner realleges and incorporates paragraphs one (1) through twenty-three (23) as if fully set forth herein. 25. Section 458.1201(1)(m), Florida Statutes (1977), subjects a licensee to discipline who has been found unqualified or guilty of immoral or unprofessional conduct, incompetence, negligence, or willful misconduct. Unprofessional conduct shall include any departure from, or the failure to conform to, the standards of acceptable and prevailing medical practice in his area of expertise as determined by the board, in which proceeding actual injury to a patient need not be established when the same is committed in the course of his practice, whether committed within or without this state. 26. Respondent is unqualified or guilty of immoral or unprofessional conduct, or willful misconduct, in one or more of the following ways: (a) By manipulating Patient P.H’s clitoris with his fingers or thumb in a sexual manner, during his examination of her; (b) By moving his fingers in and out of Patient P.H.’s vagina as if performing digital intercourse with her. J:\PSU\Medical\April Skilling\BOM Administrative Complaints\Gant(2)(MD)458.33 1 (j).doc 5 27. Based on the foregoing, Respondent violated Section 458.1201(1)(m), Florida Statutes (1977), by being guilty of immoral or unprofessional conduct, or willful misconduct, when Respondent manipulated Patient P.H.’s clitoris with his fingers or thumb in a sexual manner, or when Respondent moved his fingers in and out of Patient P.H.’s vagina as if performing digital intercourse with her, during Respondent's examination of Patient P.H. _ FACTS RELATED TO PATIENT L.B. 28. In 1988, Patient L.B., a then 23 year-old female, presented to OCHD for prenatal care. 29. Respondent provided prenatal care to Patient L.B. through most of her pregnancy. 30. Due to her financial status, Patient L.B. had no alternative but to utilize the services of OCHD. 31. | Respondent conducted pelvic examinations on Patient L.B. 32. During most of the pelvic examinations, Respondent inappropriately touched and fondled Patient L.B.’s clitoris. | 33. Although a nurse was present during the examinations, the nurse would just stare out the window and not watch the examination. J.\PSU\Medical\April Skilling,BOM Administrative Complaints\Gant(2)(MD)458.331(j).doc 6 COUNT TWO 34. Petitioner realleges and incorporates paragraphs one (1) through sixteen (16) and paragraphs twenty-eight (28) through thirty-three (33) as if fully set forth herein. . 35. Section 458.331(1)(x), Florida Statutes (1987)(1988), subjects a licensee to discipline for violating any provision of Chapter 458. 36. — Section 458.329, Florida Statutes (1987)(1988), states: The physician-patient relationship is founded on mutual trust. Sexual misconduct in the practice of medicine means violation of the physician-patient relationship through which the physician uses that relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally. accepted examination or treatment of the patient. Sexual misconduct in the practice of medicine is prohibited. 37. | Respondent violated the statutory prohibition against sexual misconduct as defined in Section 458.329, Florida Statutes (1987)(1988), by fondling Patient L.B.'s clitoris during one or more of her prenatal examinations. 38. Based on the foregoing, Respondent violated Section 458.331(1)(x), Florida Statutes (1987)(1988), by violating the statutory prohibition against committing sexual misconduct in violation of Section JAPSU\Medical\April Skilling\BOM Administrative Complaints\Gant(2)(MD)458.33 1{j).doc 7 458.329, Florida Statutes (1987)(1988), when Respondent fondied Patient L.B.’s clitoris during one or more of her prenatal examinations. FACTS RELATED TO PATIENT J.B. 39. In 1989, Patient J.B., a female patient, presented to OCHD for prenatal care. 40. Respondent provided prenatal care to Patient J.B. throughout her pregnancy. | 41. Due to her financial status, Patient J.B. had no alternative but to utilize the services of OCHD. 42. During more than two pelvic examinations, Respondent rubbed Patient J.B.’s clitoris with his thumb. COUNT THREE 43. Petitioner realleges and incorporates paragraphs one (1) through sixteen (16) and paragraphs thirty-nine (39) through forty-two (42) as if fully set forth herein. 44. Section 458.331(1)(x), Florida Statutes (1988)(1989), subjects a licensee to discipline for violating any provision of Chapter 458. 45. Section 458.329, Florida Statutes (1988)(1989), states: The physician-patient relationship is founded on mutual trust. Sexual misconduct in the practice of medicine means violation of JAPSU\Medical\April Skilling\BOM Administrative Complaints\Gant(2)(MD)458.33 1(j).doc 8 the physician-patient relationship through which the physician uses that relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of medicine is prohibited. 46. Respondent violated the statutory prohibition against sexual misconduct as defined in Section 458.329, Florida Statutes (1988)(1989), by fondling Patient J.B.'s clitoris during one or more of her prenatal examinations. 47. Based on the foregoing, Respondent. violated Section 458.331(1)(x), Florida Statutes (1988)(1989), by violating the statutory prohibition against committing sexual misconduct in violation of Section 458.329, Florida Statutes (1988)(1989), when Respondent fondled Patient J.B.’s clitoris during one or more of her prenatal examinations. FACTS RELATED TO PATIENT A.D. 48. On or about February 19, 2002, Patient A.D., a 27 year-old female inmate at the Osceola County Jail, presented to OCHD for prenatal care where Respondent performed a pelvic examination and breast examination of Patient A.D. 49. A correctional officer from the Osceola County Jail and an OCHD nurse were present during the examination. JA\PSU\Medical\April Skilling\BOM Administrative Complaints\Gant(2)(MD)458.33 1(j).doc 9 50. Respondent performed the pelvic examination using a speculum. 51. After Respondent performed the examination, he removed the speculum and then reinserted the speculum in and out several times as if having sexual intercourse with the patient. 52. Respondent then conducted a breast examination of Patient A.D. 53. | While performing the breast examination of Patient A.D., Respondent fondled Patient A.D.’s breasts. 54. Patient A.D. reported the incident to another doctor at OCHD on her next prenatal visit on or about March 11, 2002, and also documented the event ina journal on March 14, 2002. COUNT FOUR 55. Petitioner realleges and incorporates paragraphs one (1). through sixteen (16) and paragraphs forty-eight (48) through fifty-four (54) as if fully set forth herein. 56. Section 458.331(1)(nn), Florida Statutes (2001), subjects a licensee to discipline for violating any provision of Chapter 456, Chapter 458, or any rules adopted pursuant thereto. J:APSU\Medical\April Skilling\BOM Administrative Compiaints\Gant(2)(MD)458.33 1(j).doc 10 57. Section 458.329, Florida Statutes (2001), states: The physician-patient relationship is founded on mutual trust. Sexual misconduct in the practice of medicine means violation of the physician-patient relationship through which the physician uses that relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of medicine is prohibited. 58. Rule 64B8-9.008, Florida Administrative Code (F.A.C.), provides that: (1) Sexual contact with a patient is sexual misconduct and is a violation of Sections 458.329 and 458.331(1)(j), F.S. (2) For purposes of this rule, sexual misconduct between a physician and a patient includes, but is not limited to: (a) Sexual behavior or involvement with a patient including verbal or physical behavior which (1) May reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting or outside of it; (2) May reasonably be interpreted as intended for the sexual arousal or gratification of the physician, the patient or any third party; or (3) May reasonably be interpreted by the patient as being sexual. 59, Respondent committed sexual misconduct by moving the speculum in and out of Patient A.D.’s vagina several times as if having JAPSU\Medical\April Skilling\BOM Administrative Complaints\Gant(2)(MD)458.331(j).doc nN sexual intercourse with the patient or by fondling Patient A.D’s breasts during her pelvic and breast examination by Respondent. 60. Based on the foregoing, Respondent violated Section 458.331(1)(nn), Florida Statutes (2001), by violating the statutory prohibition against committing sexual misconduct in violation of Section 458.329, Florida Statutes (2001), or by committing sexual misconduct in violation of Rule 64B8-9.008, F.A.C.,. when Respondent moved the speculum in and out of Patient A.D.’s vagina several times as if having sexual intercourse with the patient, or when Respondent fondled Patient A.D.’s breasts, during the pelvic and breast examinations of Patient A.D. COUNT FIVE 61. Petitioner realleges and incorporates paragraphs one (1) through sixteen (16) and paragraphs forty-eight (48) through fifty-four (54) as if fully set forth herein. 62. Section 458.331(1)(j), Florida Statutes (2001), subjects a licensee to—discipline for- exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity. A patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with her physician. JAPSU\Medical\April Skilling\BOM Administrative Complaints\Gant(2)(MD)458.33 1(j).doc 12 63. Respondent exercised influence within the physician-patient relationship for purposes of engaging a patient in sexual activity by using his position to move the speculum in and out of Patient A.D.’s vagina several times as if having sexual intercourse with the patient, or when Respondent fondled Patient A.D.'s breasts, during the pelvic and breast examinations of Patient A.D. 64. Based on the foregoing, Respondent violated Section 458.331(1)(G), Florida Statutes (2001), by exercising influence within a physician-patient relationship for purposes of engaging the patient in sexual activity when Respondent used his position to move the speculum. in and out of Patient A.D.S-vagina several times as if having sexual intercourse with the patient, or when Respondent fondled Patient A.D/s breasts, during the pelvic and breast examinations of Patient A.D. FACTS RELATED TO PATIENT V.P, 65. On or about February 26, 2002, Patient V.P., a 22 year-old female inmate at the Osceola County Jail, presented to OCHD for prenatal care where Respondent performed a pelvic examination and breast examination of Patient V.P. JA\PSU\Medical\April SkillingiBOM Administrative Complaints\Gant(2)(MD)458.33 1(j).doc 13 oe ® 66. A correctional officer from the Jail transported Patient V.P. to the appointment and stood outside the door during Patient V.P.’s examination by Respondent. | 67. Throughout the examination of Patient V.P., no female monitor was present, and Respondent did not offer to have one present. 68. After Respondent examined Patient V.P. using a speculum, Respondent removed the speculum and inserted his fingers into Patient V.P.’s vagina initially pushing on Patient V.P.’s pelvis. 69. Respondent proceeded to move his fingers away from Patient V.P.’s pelvic area and moved his fingers around in Patient V.P.’s vagina for the next four to five minutes in a sexual manner. 70. After Respondent removed his fingers from Patient V.P.’s vagina, he put on a fresh glove to conduct a breast examination of Patient VP. 71, While performing the breast examination of Patient V.P., ~Respondent fondled Patient V.P.’s breasts. 97 J:A\PSU\Medical\April Skilling\BOM Administrative Complaints\Gant(2)(MD)458.33 1(j).doc 14 COUNT SIX 72. Petitioner realleges and incorporates paragraphs one (1) through sixteen (16), paragraphs fifty-six (56) through fifty-eight (58), and paragraphs sixty-five (65) through seventy-one (71) as if fully set forth herein. 73. Respondent committed sexual misconduct in one or more of the following ways: a. by moving his fingers around in Patient V.P’s vagina in a sexual manner; b. by fondling Patient V.P’s breasts. 74. Based on the foregoing, Respondent violated Section 458.331(1)(nn), Florida Statutes (2001), by violating the statutory prohibition against committing sexual misconduct in violation of Section . 458.329, Florida Statutes (2001), or by committing sexual misconduct in violation of Rule 64B8-9.008, F.A.C., when Respondent moved his fingers ~aroundin-Patient V.P.’s-vagina in a sexual manner, or when Respondent fondled Patient V.P.’s breasts, during the pelvic and breast examinations of Patient V.P. JAPSU\Medical\April SkillingIBOM Administrative Complaints\Gant(2)(MD)458.33 1(j).doc 15 COUNT SEVEN 75. Petitioner realleges and incorporates paragraphs one (1) through sixteen (16), paragraph sixty-two (62), and paragraphs sixty-five (65) through seventy-one (71) as if fully set forth herein. 76. Respondent exercised influence within the physician-patient relationship for purposes of engaging a patient in sexual activity by using his position to move his fingers around in Patient V.P’s vagina in a sexual manner or by fondling Patient V.P’s breasts. 77. Based on the foregoing, Respondent violated Section 458.331(1)(j), Florida Statutes (2001), by exercising influence within a physician-patient relationship for purposes of engaging the patient in sexual activity when Respondent used his position to move his fingers around in Patient V.P’s vagina in a sexual manner, or by fondling Patient V.P’s breasts, during the pelvic and breast examinations of Patient V.P. FACTS RELATED TO PATIENT M.L. 78. On or about March 11, 2002, Patient M.L., a 27 year-old female, presented to OCHD for prenatal care where Respondent performed a pelvic examination and breast examination on Patient M.L. JAPSU\Medical\April Skilling\BOM Administrative Complaints\Gant(2)(MD)458.33 1(j).doc 16 79. Patient M.L.’s three year-old child was present during the examination. 80. | Throughout the examination of Patient M.L. no female monitor was present, and Respondent did not offer to have one present. 81. | While Respondent performed the pelvic examination, he used his thumb and rubbed it over Patient M.L.’s clitoris and lingered on it. 82. While performing the breast examination, Respondent fondled and/or groped Patient M.L.’s breasts. | 83. While Patient M.L. was lying on the examination table, Respondent told her that she was a beautiful woman and that she took care of her pubic area because she groomed it. COUNT EIGHT 84. Petitioner realleges and incorporates paragraphs one (1) through sixteen (16), paragraphs fifty-six (56) through fifty-eight (58), and paragraphs seventy-eight (78) through eighty-three (83) as if fully set forth herein, = ~~ > ~ ~ 85. Respondent committed sexual misconduct in one or more of the following ways: a. by rubbing his thumb over Patient M.L/s clitoris; JAPSU\Medical\April Skilling\BOM Administrative Complaints\Gant(2)(MD)458.33 1(j).doc . 17 eo e b. by fondling or groping Patient M.L’s breasts; c. by telling Patient M.L. when she was lying on the examination table that she was a beautiful woman and by making comments about her groomed pubic area. 86. Based on the foregoing, Respondent violated Section 458.331(1)(nn), Florida Statutes (2001), by violating the statutory prohibition against committing sexual misconduct in violation of Section 458.329, Florida Statutes (2001), or by committing sexual misconduct in violation of Rule 64B8-9.008, F.A.C., when Respondent rubbed his thumb over Patient M.L.’s clitoris, or when Respondent fondled Patient M.L.’s breasts, or when Respondent told Patient M.L. that she was a beautiful woman and made comments about her groomed pubic area while Patient M.L. was lying on the examination table, during the pelvic and breast examinations of Patient M.L. COUNT NINE 87. Petitioner realleges and incorporates paragraphs one (1) through sixteen (16), paragraph sixty-two (62), and paragraphs seventy- eight (78) through eighty-three (83) as if fully set forth herein. — JAPSU\Medical\April Skilling,BOM Administrative Complaints\Gant(2)(MD)458.33 1(j).doc ° 18 88. Respondent exercised influence within the physician-patient relationship for purposes of engaging a patient in sexual activity when Respondent used his position to rub his thumb over Patient M.L/s clitoris, or to fondle or grope Patient M.L.'s breasts, or to verbally tell Patient M.L. that she was a beautiful woman and make comments about her groomed pubic area while Patient M.L. was lying on the examination table, during the pelvic and breast examinations of Patient M.L. 89. Based on the foregoing, Respondent violated Section 458.331(1)(j), Florida Statutes (2001), by exercising influence within a physician-patient relationship for purposes of engaging the patient in sexual activity when Respondent used his position to rub his thumb over Patient M.L.’s clitoris, or to fondle or grope Patient M.L.'s breasts, or to verbally tell Patient M.L. that she was a beautiful woman and to make comments about her groomed pubic area while Patient M.L. was lying on | the examination table, during the pelvic and breast examinations of Patient M.L. WHEREFORE, Petitioner respectfully requests that the Board of. Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of JAPSU\Medical\April SkillingBOM Administrative Complaints\Gant(2)(MD)458.33 1(j).doc 19 practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action and/or any other relief that the Board deems appropriate. SIGNED this__| day of Jane, boos. John O. Agwunobi, M.D., M.B.A., M.P.H. Secretary, Department of Health Ki a Dawn M. aL a Assistant General Counsel Florida Bar No. 0805165 FILED Department of Health DEPARTMENT OF HEALTH Prosecution Services Unit cum inte ene 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 oe ee (850) 414-8126 Office (850) 414-1989 Facsimile ADMS ; Reviewed and approved by: DE (initials) 47/0 5” (date) | Pcp: July 1, 2005 PCP Members: Gordon Ondra, M.D, aad Ronald Dyches JAPSU\Medical\April SkillingkBOM Administrative Complaints\Gant(2)(MD)458.33 1(j).doc 20

Docket for Case No: 08-002717PL